HomeMy WebLinkAbout2005 05 09 Public Hearing 401, Aesthetic Review of Tuscawilla Town Square
COMMISSION AGENDA
May 9, 2005
Meeting
Consent
Informational
Public Hearing
Regular
1.-/
MGR. IDEPT
Authorizatio
x
ITEM 401
REQUEST:
The Community Development Departmtlnt- Planning Division requests the City Commission hold
a Public Hearing for the Aesthetic Review ofTuscawilla Town Square (which includes Tuscany
Restaurant) located at 1301 Winter Springs Hlvd. at Northern Way and Gary IIillery Drive.
PURPOSE: To encourage creative, effective, and flexible architectural slandards and cohesive
community development consistent with the intent and purpose of Article XI - Minimum
Community Appearance and Aesthetic Review Standards.
APPLICABLE I,A W AND PUBLIC POLICY:
Ordinance 2003-43, Aesthetic Review Standards, City of Winter Springs
Section 9-601. Approval prerequisite for pennits.
Section 9-605. Submittal requirements.
City of Winter Springs Cude of Ordinances Section 16-78. Same- On-premises signs.
CHRONOLOGY:
Jan. 26. 2004- City Commission adopted Ordinance 2003-43, cstablishing minimum community
appearance and aesthdic review.
Nov. 22. 2004- Concept Plan Approved by the City Commiflflion
Dec. 13.2004- Development Af,'Tccment approved by the City Commission
Feb. 28. 200.5.- City Conunission approved the Tuscawilla Square Final Engineering plans.
Aoril25.2005- City Commission postponed any action until May 9, 2005
CONSIDERA nONS:
The submiltal requirements for aesthetic review are set forth in Section 9-605 and include the
spaces; (c) illustrations of all walls, fences, and other accessory StructUH:S and the indication of
height and their associated materials; (d) elevation of proposed exterior permanent signs or other
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Mlly9,2005
PUBJJC HEARING ITEM 401
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constructed elements other than habitable space, ifany; (e) illustrations of materials, texture, and
colors to be used on all buildings, accessory structures, exterior signs; and (f) other architectural
and engineering data as may be required. The procedures for review and approval are set forth
in Section 9-603.
The City Commission may approve, approve with conditions, or disapprove the application only
after consideration of whether the following criteria have been satisfied:
(1) The plans and specifications of the proposed project indicate that the setting, landscaping,
propOltions, materials, colors, textures, scale, unity, balance, rhythm, contrast, and simplicity are
coordinated in a harmonious manner relevant to the particular proposal, surrounding area and
cultural character of the community.
The project is located within the Tuscawilla PUD on Winter Springs Blvd at Northern Way and Gary
Hillery Dr. The buildings will all be single-story and will face inward to the courtyard with the rear
of the buildings facing Winter Springs Boulevard and Gary Hillery Drive.
The building setbacks were determined by Developer's Agreement and are:
Front Setback along Winter Springs Blvd. 10-feet
Rear setback along Gary Hillery Dr. 5-feet
Side yard setback 20-feet
Because the setbacks were reduced from what Section 6-86 of the Code stipulates, the
architecture and the detailing of the buildings become prominent features along the adjacent
roads. This prominence is an asset to retail buildings. It can also be an asset to the community If
the buildings are well designed and detailed; However, if the buildings are not carefully detailed,
screening is more difficult since there is less setback.
Tuscawilia Town Square has been consistently presented throughout the review process as an
upscale commercial center for the Tuscawilla community. The Concept Plans approved
November 22, 2004 and the Development Agreement approved on December 13, 2004 included
graphics and text indicating an enhanced landscape package (including a courtyard fountain
feature aligned with the brick entrance drive flanked by planters and gardens, benches and bike
parking) and a community of buildings with a Key West style architecture.
The new buildings will be coordinated in a harmonious manner with similar styling and
architecture. The Key West architectural style as approved in the Developer's Agreement and
attached concept plan included features such as standing seam metal roofs, roof cupolas,
covered porches with railings wrapping around the building, and bahama shutters. The concept
plan elevation also included doors and windows with mullions (slender dividing strips that divide
a window into panels as opposed to undivided plate glass), window transom over doors, and the
building foundation faced with cultured stone. The proposed building elevations have been
revised to reflect the detailing included in the Concept elevation. The onlv noted differences are:
. Windows, doors and transoms are plate glass with no mullions (dividers).
. The buildings are at grade rather than elevated. The Applicant indicates that the raised
floor elevation was too difficult to make handicap accessible, for a commercial use. The
front of the building has a wide roof overhang with columns and some railings, to
resemble a porch.
. Cultured Stone flanks the base of the columns, but the foundation itself is stucco.
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May 9, 2005
PUBLIC HEARING ITEM 40]
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Although the residences and commercial buildings surrounding the project, do not portray a Key
West styling, this theme was approved as a graphic attachment to the Development Agreement.
Although the theme of the new development will be carried into the new construction, Tuscany's
Restaurant currently has a green asphalt roof, with stucco and wood siding and it is very much in
contrast to the proposed development. No upgrades to the existing Tuscany's Restaurant
Building are proposed, except for the addition of some decking. The applicant needs to address
how this existing building will be phased Into the thematic styling of the rest of the development.
(2) The plans for the proposed project are in harmony with any future development which has
been formally approved by the City within the surrounding area.
No additional development has been proposed within the surrounding area.
(3) The plans for the proposed project are not excessively similar or dissimilar to any other
building, structure or sign whieh is either fully constructed, permitted but not fully constructed,
or included on the same permit application, and facing upon the same or intersecting street
within five hundred (500) feet of the proposed site, with respect to one or more of the following
features of exlerior design and appearance:
(A) Front or side elevations,
(H) Size and arrangement of elevation facing the street, including reverse arrangement,
(C) Other significant features of design such as, but not limited to: materials, roof line,
hardscape improvement'!, and height or design elements.
Although the Key West styling Is dissimilar to the surrounding residential and commercial
buildings, the use of stucco is not. Stucco is heavily used as a material In the surrounding
buildings which are painted in warm neutral colors with highlights of stone facing. The
predominant roofing material is tan asphalt shingles. Tuscany's restaurant is the only building
with a green roof. The contrast of the tan asphalt roofs with the Key west style standing seam
roofs will not be so great as to be a detriment to the community. The introduction of a new
material will enliven the corner and enhance the neighborhood.
The proposed buildings are one-story with cupolas. This scale fits well into the neighborhood.
In addition, the final engineering plans include saving many of the trees on the site. This helps tie
the development to the existing community which Is known for Its tree canopy.
(4) The plans tor the proposed project are in harmony with, or significantly enhance, the
established character of other buildings, structures or signs in the surrounding area with respect
to architectural specifications and design features deemed significant based upon commonly
accepted architectural principles of the local community.
The new construction and enhanced detailing is expected to be an asset to the community.
(5) The proposed project is consistent and compatible with the intent and purpose of this Article,
the Comprehensive Plan for Winter Springs, design criteria adopted by the city (e.g. Towne
Center guidelines, SR 434 design specifications) and other applicable federal state or local laws.
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May 9, 2005
PUBLIC HEARING ITEM 401
Page4ofl1
The project is extremely attractive. The applicant agreed in the Developer's Agreement to
"construct aesthetic enhancements to the Project as depicted on the Concept Plan and as may be
reasonably requested by the City in accordance with the City Code, particularly the City's aesthetic
review ordinance".
(6) 'l'he proposed project has incorporated significant architectural enhancements such as
concrete masonry units with stucco, marble, tennite-resistant wood, wrought iron, brick,
columns and piers, porches, arches, fountains, planling areas, display windows, and other
distinctive design detailing and promoting the character of the community.
The project has incorporated many site and architectural enhancements. These include
specialized paving material in the parking lot, a fountain to terminate the entrance drive off of
Winter Springs Blvd., decorative screening walls (to screen the parking area from Northern Way
and to screen the dumpster, and to screen the condenser units on the rear ofthe buildings), roof
line variations with cupolas, vertical windows with bahama shutters, building entrances off of
Winter Springs Blvd., and Gary Hillery Dr. and enhanced landscaping.
During Final Engineering approval, the Applicant agreed to buffer the kitchen operations at
Tuscany's restaurant (see meeting minutes). This wall detail was not Included In the submittal,
although it could generally follow the same design as the 4' wall, with beefed up engineering to
accomodate a 6-foot height. The Applicant wishes to address this issue with the Commission.
Signaae: The Development Agreement does not address signage. Section 16-78 allows for the
following:
. On-premise building signs are allowed a total copy area of one (1) square foot for each
lineal foot of store frontage. For Building One this equates to 166 square feet; for Building Two
this equates to 102 square feet. The applicant is proposing twelve projecting (hanging) tenant
signs for Building One and eight projecting tenant signs for Building Two. The copy area is sized
so that these projecting signs conform to Code. The projecting signs will be uniform is size and
copy area.
. On premise (monument) signs with a total copy area of 32 square feet for each side.
Although the development is surrounded by streets on all sides, the Applicant is seeking to have
monument signage only at the Winter Springs Blvd. entrance to the development.
At this time, the Tuscany Restaurant sign is proposed to remain. The applicant Is proposing one
double-sided entry sign with a copy area of 16 square feet for each side for the new development.
FINDINGS:
. The proposed building elevations have been revised to reflect similar detailing to the Concept
elevation included in the Development Agreement.
. The development will be an asset to thc community and particularly to the Tuscawilla area with
thc addition of new commercial buildings that include the amenities and details being proposed.
. The new buildings utilize colors and materials that fit in with the adjacent existing and proposed
structures.
. The proposed signage complies with Code (Section 16-78).
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May 9, 2005
PUBLIC HEARING ITEM40!
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STAFF RECOMMENDATION:
Staff Review found the Applicant's request for Aesthetic Review, in compliance and rcconunends
Approval.
ATTACHMENTS:
A Minutes from City Commission meeting of February 28, 2005.
B. Development Agreement with Approved Concept Elevation
C. Site Plan (revised to reflect the new entrances at the rear of the buildings, Landscaping Plan
with addition of plantings at retention area, Building Elevations with details of the Projecting
Signage,
Monument Signage, Dumpster Enclosure and Screen Wall details.
COMMISSION ACTION:
May 9, 2005
punuc HEARTNG ITEM 401
Pllgc60f II
ATTACHMENT A
Minutes from City Commission meeting of February 28, 2005
CITY OF WmTER SPRP.-l'GS, FLORIDA
MINUTES
CITY CO:\lMISSION
REGULAR MEETlKG
FEBRUARY 28, 2005
REGULAR AGENDA
REGCL\R
500. Community DE"Ye-lopmE'ot DE'partmtut - Planning Diyjsion
Re-qu("sts Tht City Commission ApprovE" The Final Engineering/Site Plan For The
1.4112 Acn Tuscanilla Town Square- (\Vhich Includes Tuscany Restaurant)
Located At 1301 'Vinter Springs BouleYard At :"orthel'll '''a)' And Gal'Y Hillery
Driye.
Ms Sahlstrom spoke on this Ageuda Item and uoted, 'TIll!'. IS to approve two (2)
additional buildings - actually it says three (3)."
Wlth dlSCUSSlOIl, M':.>. Sahlstrollllloted that regardmg the fom foot (4') decorative wa11-
"That wall does obscure the parking area - it does not gt) around the entire lot"
All'. Gw)' Hille!}', 1220 Winter ~pri/lgs Boulevard, Winter Springs, Florida: noted Ill')
comments regarding the fonf foot (4') walL
Deputy Mayor Blake said., 'COn Gat}' H1llery Dnv€', putting ill parking all along both
edges or one edgeT Manager McLemore s.fud, "I thought it was both sides. ,-
Xext, Deputy Mayor Blake then said to Mr. Lockeuff "We have two things we have to
talk about on that - first off i-. whether or not it is legal to park there. I know the TO\Vll
Center we have - and some language in the Code whereby 1t actually supersedes our
other Code If it is not silent" but over here, I think 12-65. would prohibIt parklllg on the
roadway ~ 011 the right-of-way in that area 50 we would have to do ':.>ometh1llg about that.
just as a housekeevIDg 1S5ue gOl1lg forward. ,.
Df'pury Mayor Blake then said. "My cOllcem over and above that however is \'\that
contriblltlOll the C1ty \I,'ould b", makIng to provide parking for a private business
venture?" D€'puty Mayor Blake fmiher asked, "TIm: hundred and f1fty thousand dollars
($150.000.00) includes padung? Or IS it Just ih€' IWldway improvements. and parking is
beulg p1cked up by the Developer"--
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May 9,2005
PUBLIC HEARING HEM 401
Page? of II
CITY OF \1,'NI'ER SPRINGS_ FLORIDA
MINUTES
(rr\' COMMISSIOI'i
REGULII,R 1>.fEETING-FEBRUARY18. 2005
PAGE nOf27
Manager McLemore responded. "1 believe that that is for the full construction of the
road.'- Deputy Mayor Blake then a~ked, "Includmg the parking?" Manager McLemore
said, "Induding the parking right - including a portion ofth€' road,vay s.urface.'-- Deputy
Mayor Blab> 'i-31d, --CHow much extra is it with the parking on it, as oppo"ed to not placing
the pal'kmg 011 it - do you have a cost differential')" Manager McLemore noted, "I am
sure we could get to it."
Mr. Alec Stl1ng, 215 Rolling Wood Trail, Altlllllonte Springs, Florida: ;ukh"essed the City
Conll11i5sio11 and stated. "We will be getting three (3) finn bids 011 the roadway and it will
be broken down lllto sectiom, IlH'lnding the- parkmg, lhe outfall - and it'o:; probably gomg
to be }lushmg 150 to do the whole thmg" Me Stl'lllg added, CCIt will pott>lltially bt" tllon~
Iha1l150 to do the road, the parkmg, the retention and the outfall"
Regardmg the wall" Mr Smug remarked, "There were two thmgs that Ihe commumty
asked for - one was to mo"e the dumpster to the- 7-11 1\'111ch we did - moved it away
from the reSidential house, from the residential area and a1<;0 build a fom toot (4') WAll to
shteld the lights, \Ve did that. That 15 the extent of the \vall. Don't forget we Ere gOlllg
fO be domg all all bnck - there I~ no a'>phalt on tlm property" all the dnvmg snrfaces is
bnck - the roofs are made out ofllle-taL We're domg a lot of olher tlungs that are gomg
to e1e\-att:' the look ufdu',:, rather than wallmg lllll. So, we can't do everytlllng but I think
the wall \\'a::. a re,lsonable fix to Mr [Gary] Hillery'::. COlH'E'l1L"
Mayor Bmh ,>ald to Mr Stnng; 'YOll are "<lying the wall that YOll proposed actually
Sllle1d., the lights from Mr [Gary] Hillery's home"'" Me Stnng s.tated, "Absolutely, and
tlUlt was done based on a COllcem that Mr. [Gary] Hll1ery brought up In front of the
COtllnm<;lOtl" Deputy Mayor Blake s31d, "1 don't think that was here." MI'. Stnng sald.
"Ok:1y He cE'rtamly brougbt 1t np to me thai there was 1'\..-0 (2) concems and that's tbe
only two (2) concerno:; rve heard ti'om the residents of Tu<;c.rwilla_ One was the
dumpsteL and two (2) was the- four foot (4') wall And they're both on the plan_"
DisCUS'.>10lL
Comnmsl0ner Krebs referenced ATtaclunenr'B' - there was a COllversatton that we had
had regardmg plantrng or Improvements along the retention l)ond, again on the 7-11, and
dyou look III the next paragraph, 'Mr. String stated, Absoh.ltely. And you ,viti see that
on - Landscaping Plans and the Final Engineering .' Ms. SahlstrOIll expla11led, "The City
would be prepflnng tho"e documents_" Mr Lockcuff added, "We hoped to brl11g it hack
to the TLBD [Tu,>cawil1a L1ghtlllg and Beautification District] '5111Ce 1t IS contlgu01.ls to
their improvements.
D1SCU..si0l1_
Ms. Sahlstrom ,;,aid, "'If you in fact do want the wall to extend around_ it \'iill have a
sigllificant impact on the eXisting trees that rUlTently Mr Shing IS mtemhl1g to save_"
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May 9, 2005
PUBLIC HEARING ITEM 401
Page 80f11
CITY Of Wl.'lTER SI'R1NGS, flORIDA
lvnNUTES
CITY COMMISSION
REGUlA.R ~IEEI1.\'U - FEBRUARY 18, 100:5
PAGE 140F17
C'OITUIl1<;<;tnner McGimns "aut "I am quite comfortable ,"'"tth the \"a11 that is only 1Il place
where it would nnpact the- resldl"llts_
"I '\lOVE THAT THE WALL O:\'L Y BE AS PRESENTED TO US TONIGHT, LN
THOSE AREAS WHERE IT WOULD ONLY IMPACT THE NEIGHBORS AND
:\'OT BE AN E:\'TIRELY WALLED PROJECT," MOTION BY
CO~IMISSIONER McGI:\'NIS,
DEPl:TY ,\lAYOR BLAKE SAID, "SO THERE WOULD BE NINETY FEET (90')
OF WALL TOTAL - NINETY FEET (90') OF ForR FEET (4') HIGH WALL; IT
worLD BE LOCATED AS IT IS SHOWN ON THE PLAN ALO:\'G THE
WESTERLY BOl'NDARY IN FRONT OF THOSE NI:\'E (9) PARKING SPACES,
ONLY - XO\VEHERE ELSE." co),n\USSIO:'liER )'1cGI~NIS ADDED, "O:-lLY
AS PRESENTED TO rs ON OrR PLA:\'S,"
THEN, DEPl'TY MAYOR BLAKE SAID, "IT WOl'LD HAVE THAT "HNETY
FEET (90') OF WALL RIGHT THERE, THAT I AM SHOWING WHICH IS ON
THE WESTERN EDGE, IN FRONT OF THE PARKING SPACES THAT FACE
~ORTHER.:"", '"\'AY O:\"LY. THERE WOliLD BE NO WALI~ CO~STRUCTED
ANY PLACE ELSE O:\' THE PROPERTY EXCEPT FOR Sl'RROVNDING THE
DDIPSTER AS REQrIRED BY CODE. THERE WOULD BE NO OTHER
WALL OF ANY HEIGHT,"
SECONDED BY DEPUTY NL"YOR BLAKE. DISCeSSIOl',
Ta~~/Sidi'B
FURTHER DISCT'SSION.
DEPUTY "fAYOR BLAKE SAID TO :MR. STRING, "IS THERE ANY
POSSIBILITY OF IIAVIl'G SOME KIND OF A WALL EXTEl'DED DOWl'
THIS WAY TO KEEP SONIE OF THOSE BACK-DOOR KITCHEN ACTIVITIES
A LITTLE CLOSER TO THE OPER.<\TION?" MR STRING SAID, "WE
COULD POSSIBLY PUT A MASONRY WALL THERE, LNSTEAD OF A
FE::\'CED'VALL."
DEPUTY MAYOR BLAKE THEN ADDED, '"IF THERE IS SOME 'YAY TO TRY
AND BUFFER THE OPERATIONS - OF THE KITCHE~ WHICH \VE ALL
WILL PROBABLY AGREE IS NOT THE PRIMEST OF REAL ESTATE, THEN I
THINK THAT '''OULD PROBABLY REDUCE SOl\IE OF THE DJPACT FOR
HIl\I." ::\IR. STRING, "'I ''''OULD AGREE TO THAT IF YOU H....\VE A
SUGGESTION 0:'>' HOW WE COULD DO THA T,"
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Muy 9, 2005
PUBLIC HEARING HEM 401
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em' OF 'J.1NTER SPRNGS, FLORIDA
1-1rWTES
em. CO\P.fI.'iSION
REGUL;Rl>.IEEm1G -FEBRUARY 28, 2005
PAGE 15 Of 27
"I "'O'LLD LIKE TO MAKE A:"O A.\IE::\'D:\iENT TO THE MOTION TO
INCLUDE ADDITIONAL BCFFERI:'\G ON THE 'VEST SIDE OF THE
n'SCAXY'S RESTAURAXT OPERATIOX AS WAS DISCUSSED." DEPUTY
~IAYOR BLAKE ADDED, "AN ATTDIPT TO DO SO~IETHIXG TO PROVIDE
"lORE OF A BUFFER FROM THE OPERATIOXS FOR THE ADJOIXING
RESIDE~CES THAN CrRRENTLY EXIST." Ai\1El\"Dl\IENT TO THE MOTION
BY DEPUTY l\IAYOR BLAKE. SECONDED BY COMMISSIONER KREBS.
DISCUSSION.
VOTE: (OX THE A~IEXD)IENT)
DEPUTY ~IAYOR BLAKE: AYE
CO~IMISSIONER GILMORE: AYE
CmnnSSIONER KREBS: AYE
COl\BIISSIONER )'lcGIN:'o\IS: AYE
~IOTIOX CARRIED.
VOTE: (ON THE MAIN ~IOTION, AS A~IENDED)
C01UMISSIONER GILMORE: AYE
CO:\I:\HSSIONER l\IcGINNIS: AYE
DEPUTY ~IAYOR BLAKE: AYE
COMI\HSSIONER l\.~EBS: AYE
~IOTION CARRIED.
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May 9, 2005
PUTIUC HEARING ITEM401
Page 10 of11
ATTACHMENT B
Development Agreement with Approved Concept Elevation
~ -.._.I-~-
THIS INSTRUMENT WAS PREPARED BY
AND SHOULD BE RETURNED TO:
Anthony Garganese
City Attorney of Winter Springs
Brown Garganese, Weiss & D' Agresta, P.A.
225 E. Robinson St., Suite 660
Orlando, FL 32ROl
(407) 425-9566
FOR. RECORDING DEPARTMENT USE ONLY
BINDING DEVELOPMENT AGREEMENT
THIS BINDING DEVELOPMENT AGREEMENT (the "Agreement") is made and
executed this day of ____ , 2004, by and between the CITY OF WINTER
SPRINGS, a Florida municipal corporation (the "City"), whose address is 1126 East S.R. 434,
Winter Springs, Horida 32708, and BRYCE FOSTER CORPORA nON" a Florida
Corporation ("Developer"), whose address is 215 Rollingwood Trail, Altamonte Springs,
Florida 327] 4.
WI TNE SSET H:
WHEREAS, Developer is the fee simple owner of certain real property currently located
in the City of Winter Springs, Florida and within the Tuskawilla PUD and more particularly
described in Exhibit "A" attached hereto and incorporated herein by this reference (the
"Property"); and
WHEREAS, the parties acknowledge that the Property is currently subject to a Court
Settlement Agreement which is recorded in Official Record Book 2277, Page 0464 in the
Seminole County public records ("Settlement Agreement"); and
WHEREAS, the City and Developer acknowledge that the Settlement Agreement was
entered into before the Developer purchased the Property and that Developer has inherited the
rights provided under the Settlement Agreement by virtue of purchasing the Property; and
WHEREAS, in accordance with that Settlement Agreement, Developer is permitted to
develop certain enumerated commercial uses; and
WHEREAS, notwithstanding the exhaustive list of pennitted commercial uses contained
in the Settlement Agreement, Developer acknowledges and agrees that some of the listed
commercial uses are not in keeping with the residential character of the Tuskawilla PUD; and
WHEREAS. Developer strongly desires to develop a "residential friendly" project on the
Property that is keeping in the character of the residential character of the Tuskawilla Pl--,T>; and
WHEREAS, in order to commit to this "residential friendly" Project, the Developer is
willing to voluntarily and forever forego certain rights under the Settlement Agreement by
reducing the list of permitted commercial uses and thereby protecting the residential character of
the Tuskawilla PUD; and
WHEREAS, the City is willing to permit a "residential friendly" project on the Property
under the special terms and conditions set forth herein including, hut not limited to, Developer's
commitment to forego certain rights under the Settlement Agreement and Developer's
commitment to respect, safeguard and preserve the residential character of the Tuskawilla pun;
and
WHEREAS, the City and Developer desire to set forth the following special terms and
conditions with respect to the development and redevelopment of the Property; and
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties mutually agree as follows:
1. Recitals. The foregoing recitals are true and correct and are hereby incorporated
herein by this reference.
2. Authority. This Agreement is entered into pursuant to the Florida Municipal
Home Rule Powers Act.
3. Oblie:ations and Commitments. In consideration of the City and Developer
entering into this Agreement, and as an inducement for Developer to voluntarily and forego
certain rights under the Settlement Agreement, the City and Developer hercby agree as follows:
(a) Approval of Concept Plan. Developer shall design, permit and construct
a "residential friendly" commercial devdopment on the Property that creates a sense of
place within the Tuscawilla POO. The "residential friendly" commercial development
shall be called the "Tuscawilla Town Square" or some other name mutually acceptable to
the Developer and the City. Developer acknowledges that aesthetic enhancements will be
a paramount concern to the City and the residents of the Tuscawilla PLn; and as such,
Developer agrees to reasonably and adequately address these concerns during the design
and construction of the Project. The City hereby acknowledges and agrees: that the
concept plan, which is attached hereto and fully incorporated herein as Exhibit "B''. is
acceptable ("Concept Plan"); provided, however, Developer shall have the obligation to
further submit and obtain the City's approval of a final site plan and final engineering
plans. Developer shall also have the obligation to construct aesthetic enhancements to
the Project as depicted in the Concept Plan and as may be reasonably requested by the
City in accordance with the City Code, particularly the City's aesthetic review ordinance.
Developer acknowledges and agrees that the Concept Plan was not prepared with specific
surveyed dimensions and that during the final site plan and final engineering process such
dimensions shall be surveyed, duly engineered, and provided to the City. Further, the
elevations and roof lines depicted in the Concept Plan for the commercial buildings will
Developer's Agreement
City of Winter Springs and Bryce Foster Corporation,
~ 2 ~
have to be adjusted to the City's satisfaction in order to satisfy the requirements under thE'
City's aesthetic review ordinance. As such, Developer and the City agree that the
Concept Plan is intended to be conceptual in nature and subject to reasonable adjustments
at the final site plan and final engineering phase in order to bring the Project into
compliance with the City Code and the needs of the Tuscawilla PUD.
(b) Utilities. The City hereby acknowledges and agrees that it currently has
sufficient water and sewer treatment plant capacity available to service the Property and
shall provide such services to the Project as depicted in the Concept Plan. Developer
acknowledges and agrees that offsite improvements may be necessary, at Developer's
cost, to provide water and sewer service to the Property including, but not limited to,
force main, lift station and pump upgrades. Further, all water and sewer improvements
required on.site to service the Property shall be at Developer's expense.
(c) Gary HiIlarv Drive. In order to facilitate the safe, efficient and orderly
flow of traffic to and from the Project and to create a sense of place, the City desires that
Gary Hillary Drive be redesigned and reconstructed in accordance with the streetscape
plan which is attached hereto and fully incorporated herein as Exhibit "e. " ("Strcetscape
Plan). Developer agrees to design and reconstruct Gary Hillary Drive in accordance
with the Streetscape Plan; provided, however, the City shall reimburse Developer for the
reasonable costs thereof. However, the Developer's obligation to reconstnlct Gary Hillary
Drive is subject to the funding condition provided in the last paragraph of this subsection
(c). For purposes of this Agreement, (i) the design costs shall include the costs and
expenses of land surveying, civil engineering, landscape architecture, irrigation design.
electrical engineering and lighting design, and (ii) the constmction costs shall include the
costs and expenses for clearing, gmbbing and earth excavation, and for the constructioll
of all storm drainage facilities, Progress Energy approved decorative street lights,
landscaping, hardscape, irrigation, sidewalks, curbs, pavement, striping, signage and any
required additional offsite improvements directly related to the reconstruction of Gary
Hillary Drive (all of the foregoing costs and expenses are hereinafter collectively referred
to as the "Roadway Expenses"). To the extent any of the Roadway Expenses also benefit
other aspects of the Project not related to Gary Hillary Drive (e.g., stormwater
improvements for the buildings and common areas), the City shall only be responsible for
reimbursing the proportionate share of the particular expense related to Gary Hillary
Drive. The City shall reimburse Developer in the amount of the Roadway Expenses
within ninety (90) days after the reconstruction of Gary Hillary Drive has been completed
and accepted by the City.
Developer agrees that all Roadway Expenses shall be subject to an informal
competitive bid process under which Developer shall obtain three (3) written quotes or
bids. Each bid shall be submitted to the City for review and approval prior to Developer
entering into any contract for the design, permitting and reconstruction of Gary Hillary
Road. Developer further agrees that at the time reimbursement for any Roadway
Expense is requested, Developer shall provide the City with a copy of all applicable
invoices, receipts, warranties, maintenance bonds, and documentation, including all
change orders, which shall clearly evidence each reimbursable Roadway Expense. The
City shall not be responsible for reimbursing any Roadway Expense which can not he
Developer's Agreement
City of Winter Springs and Bryce Foster Corporation.
-3-
properly and reasonahly documented in writing_ The City shall not \lnre<l~on<lhly
withhold any approvals required under this paragraph.
Although it is initially contemplated by the parties that the reconstruction of Gary
Hillary Drive will occur within the existing city right-of-way, Developer agrees to
convey to the City any additional land that may be necessary to reconstruct Gary Hillary
Drive in accordance with the Streetscape Plan. All such land conveyances shall be by
warranty deed and free and clear of all encumbrances. Conveyance of roadway and
streetscape improvements shall be by bill of sale and free and clear of all liens. The
warranty deed and bill of sale shall be in a form acceptable to the City Attorney.
The City and Developer acknowledge and agree that the reconstruction of Gary
Hillary Drive will likely coincide with a hazardous waste remediation project that will be
performed by Seminole County. The hazardous waste project is the result of a gasoline
spill at the 7-11 convenience store several years ago. The gasoline spill affected the area
surrounding the 7-11 store, including Gary Hillary Drive. The parties shall continue
cooperation with each other and Seminole County to facilitate the implementation of the
hazardous waste remediation project.
In the event the City is not in a position to approve the funding of Gary Hillary
Drive within thiliy (30) days from the effective date of this Agreement, the Developer
may proceed with the project as outlined in this Development Agreement and Developer
shall still have the use of Gary Hillary Drive for parallel parking and said parking shall be
applicable to the parking required for Tuskawilla Town Square. In said event, Developer
shall fund the cost necessary to create said parking and only design the improvements to
Gary Hillary Drive as provided herein. If at a later date the City approves the
improvements and funding for the construction of Gary Hillary Drive, Developer agrees
that it shall undertake the construction of Gary Hillary Drive as provided herein so long
as construction of Tuscawilla Town Square is still ongoing.
(d) Construction of Stormwater Improvements. Developer shall design the
Project to accommodate the stormwater requirements for the Property, including the
roadway improvements to Gary Hillary Drive. The City shall permit Developer to use
existing City property located at the comer of G.uy Hillary Drive and Winter Springs
Boulevard to accommodate stonnwater generated from Gary Hillary Drive and the
Property, provided said use is deemed acceptable and feasible by the City. Developer
shall provide any additional property that is necessary to accommodate stormwater
generated from the Property.
(e) Permitted Commercial Uses. In consideration of the significant
and substantial development rights received by the Developer from the City under th1s
Agreement, Developer hereby agrees to voluntarily and forever forego the right to use the
Property for any of the commercial uses listed on Exhibit B of the Settlement Agreement.
However, at such time this Agreement is recorded in the public records of Seminole
County, Florida, Developer shall be pennitted to use the Property for any of the
neighborhood friendly commercial uses specifically listed on Exhibit "C" which is
attached hereto and fully incorporated herein by this reference. It is the intent and
Developer's Agreement
City of Winter Springs and Bryce Foster Corporation.
-4-
purpose of this paragraph to fully replace Exhibit "B" of the Settlement Agreement with
Exhibit "C" of this Agreement.
(f) Winter Sprin2's Boulevard In2ress and Eeress. The Developer
acknowledges and agrees that during the site plan and final engineering phase of the
Project, the City may require that the ingress and egress to the Property from Winter
Springs Boulevard to be one way in or out. The minimum driveway width for ingress
and egress shall be twenty-two (22) feet.
(g)
Property;
Buildiue Setbacks, The following Building Setbacks shall apply to thc
(I) Front (Winter Springs Boulevard) - 10 Fect
(2) Rcar (Gary Hillary Drive) - 5 Feet
(3) Side (Northern Way) - 20 Feet
(h) Development Permit Fees. Developer agrees to pay all ordinary and
customary development permit fees imposed by the City including, but not limited to,
application, building, and impact fees. Within thirty (30) days of the effective date of this
Agreement, the Developer and City agree to meet to calculate an estimated schedule of
fees based on Developer's proposed Project at the time of the meeting.
(i) Tree Rcnlacement. Developer shall comply with the City's Arbor
Ordinance set forth in Chapter 5 of the City Code. The Developer acknowledges and
agrees that to the extent that the City's arborist determines that the Property can not
adequately sustain the number of replacement trees that are required on the Property
under the City Code, Developer shall provide the trees to the City and the City will plant
the trees off-site at its discretion. Tn accordance with Section 5-8 of the Winter Springs
Code, the City Commission agrees that no more than three (3) Specimen Trees may be
removed from the Property due to Developer's representation that such trees must be
removed in order to complete the Project. An inch for inch tree replacement shall be
required for the removal of said Specimen Trees. The Specimen Trees may be removed
at such time the City issues the appropriate permit, but not prior to such time that the
termination rights set forth in paragraph 20 have expired.
(j)
length.
On-Site Parkine. On-site parking shall be a IDmlITItun of 18 feet in
(k) Northern Way Buffer. Developer agrees, at its cost, to design, permit
and construct a masonry block decorative wall around the garbage dumpsters. Further
Developer agrees, at its cost, to design, permit, and construct a four (4) foot decorative
brick wall along the parking area abutting Northern Way.
4. Representations of the Parties. The City and Developer hereby each represent
and warrant to the other that it has the power and authority to execute, deliver and perform the
terms and provisions of this Agreement and has taken all necessary action to authorize the
Developer's Agreement
City of Winter Springs and Bryce Foster Corporation.
-5-
execution, delivery and perfomlance of this Agreement. This Ae:n~ement will, when duly
executed and delivered by the City and Developer and recorded in the Public Records of
Seminole County, Florida, constitute a legal, valid and binding obligation enforceable against the
parties hereto and the Property in accordance with the tenns and conditions of this Agreement.
5, Successors and AssieDs. This Agreement shall automatically be binding upon
and shall inure to the benefit of the City and Developer and their respective successors and
assigns, The tenns and conditions of this Agreement similarly shall be binding upon the Property
and shall run with title to the same.
6, Applicable Law. This Agreement shall be governed by and construed 111
accordance with the laws of the State of Florida,
7. Amendments. This Agreement shall not be modified or amended except by
written agreement duly executed by both parties hereto (or their successors or assigns) and
approved by the City Commission.
8. Entire Al!reement. This Agreement supersedes any other agreement, oral or
written, and contains the entire agreement between the City and Developer as to the subject
matter hereof.
9. Severabilitv. Tf any provision of this Agreement shall beheld to be invalid or
unenforceahle to any extent by a court of competent jurisdiction, the same shall not affect in any
respect the validity or enforceability of the remainder of this Agreement.
10. Effective Date. This Agreement shall become effective upon approval by the
City Commission and execution of this Agreement by both parties hereto.
11. Recordation. This Agreement shall be recorded in the Public Records of
Seminole County, Florida.
]2 Relationshio of the Parties. The relationship of the parties to this Agreement is
contractual and Developer is an independent contractor and not an agent of the City. Nothing
herein shaH be deemed to create a joint venture or principal-agent relationship between the
parties, and neither party is authorized to, nor shall either party act toward third persons or the
public in any manner, which would indicate any such relationship with the other.
13. Sovereie:n Immunitv. Nothing contained in this Agreement shall be construed as
a waiver of the City's right to sovereign immunity under Section 768.28, Florida Statutes, or any
other limitation on the Citys potential liability under the state and federal law.
14. City's Police Power. Developer agrees and acknowledges that the City hereby
reserves all police powers granted to the City by law. In no way shall this Agreement be
construed as the City bargaining away or surrendering its police powers.
15. Interpretation. The parties hereby agree and acknowledge that they have both
participated equally in the drafting of this Agreement and no party shall be favored or disfavored
regarding the interpretation to this Agreement in the event of a dispute between the parties.
Developer's Agreement
City of Winter Springs and Bryce Fosler Corporation.
- 6-
16. Tbird~Partv Rh!hts. This Agreement is not a third-party beneficiary contract and
shall not in any way whatsoever create any rights on behalf of any third party.
17. Soecific Performance. Strict compliance shall be required with each and every
provision of this Agreement. The parties agree that failure to perform the obligations provided
by this Agreement shall result in irreparable damage and that specific performance of these
obligations may be obtained by a suit in equity.
18. Attornev's Fees. In connection with any arbitration Of litigation arising out of
this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and
costs through all appeals to the extent permitted by law.
19. Development Permits. Nothing herein shall limit the City's authority to grant or
deny any development pennit applications or requests subsequent to the effective date of this
Agreement. The failure of this Agreement to address any particular City, County, State and/or
Federal permit, condition, tem1 or restriction shall not relieve Developer or the City of the
necessity of complying with the law governing said permitting requirement, condition, term ('Ir
restriction. Without imposing any limitation on the City's police powers, the City reserves the
right to withhold, suspend, or terminate any and all certificates of occupancy for any building or
unit if Devcloper is in breach of any tern1 and condition of this Agreement.
20. Termination. The parties acknowledge and agree that Developer's obligations to
complete the Project are subject to and contingent upon thc City's approval and issuance of all
permits required and necessary for Developer to construct Tuscawilla Town Square including
any off site improvements. Further, the Agreement is subject to the mutual agreement of the
Parties on the cost schedules and allocation of costs contemplated in paragraphs 3(b), 3(c) and
3(d). If the Project (including off site improvements) and the cost schedules and allocation of
costs as referenced above are not acceptable to either party, then either party may telminate this
Agreement and the Settlement Agreement shall remain in full force and effect and govern the
Development of the Property. Further, Developer shall lose any and all rights under this
Agreement. Upon issuance of all City approvals and permits required to commence
development of the Project, and the parties agreeing to the allocation of costs, the termination
rights under this paragraph shall expire.
[SIGNATURES FOLLOW ON NEXT PAGEl
Developer's Agreement
City of Winter Springs and Btyce Foster Corporation.
-7 -
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the
date firfit ahove written.
CITY OF WINTER SPRINGS
ATT ST:
enzo Luaces, City Clerk
APPROVED AS TO FORM AND LEGALITY
For the use and reliance of thc City of Winter
Springs, Florida, only.
CITY SEAL
Dated:
By:
Anthony Garganese, City Attorney for
the City of Winter Springs, Florida
Developer's Agreement
City of Winter Springs and BIYce Foster Corporation.
-8-
Signed, sealed and delivered in the
presence of the following witnesses:
BRYCE FOSTER CORPORATION, a Florida
Corporation ---,
Printed Name ofWitncs,
By: <,
c String
Its President
7Yf'f)onl'il ,--
Sir:natureofWimess
P .
{Yl,1,>c]. ~Ndih
Printed Name of Wi mess
STATEOFFLO~
COUNTY OF
The foregoing instrument was acknowledged before me this ~L- day of
~---bif ,2004, by Alec String, as President .[BRYCE FOSTER CORPORATION, a
Florida Corporation, on behalf of said corporation. He is~sonally knowi1)to me or produced
as identification. -
~-
(NOTARY SEAL)
L~
oUlryPublicSignalur.!L,
Le>L1' c.. ' tr (lNc.h
(PriJltName)
Notary Public, State of
Commission No.:
My Commission Expires
900~9ZA'nr
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"W3S"'YW.LON~o___ -
Developer's Agreement
City of Winter Springs and Bryce Fosler Corporation.
-9-
LEGAL DESCRIPTION FOR TUSCAWILLA SQUARE
(North East Corner of Winter Springs Bivd & Northern Way)
as prepared by "Southeastern Surveying & Mapping Corp."
LEGAL DESCRIPTION:
From the centerline of intersection of Winter Springs Boulevard and Northern Way, as shown in Plat of WINTER
SPRINGS UNIT FOUR as recorded in Plat Book 18. Pages 6, 7 and 8, Public Records of Seminole County, Florida; run
North 86 degrees 23 minutes 05 seconds East along the centerline of Winter Springs Boulevard 282.85 feet; thence
North 03 degrees 36 minutes 55 seconds West 60.00 feet to the POINT OF BEGINNING on the North right-of-way line
of Winter Springs Boulevard (120 foot RfW); thence run South 86 degrees 23 minutes 05 seconds West along said
North right-of-way line 217.85 feet to the point of curvature of a curve concave Northeasterly, and having a radius of
25.00 feet; thence n.m Northwesterly along the arc of said curve 39.27 feet through a central angle at 90 degrees 00
minutes 00 seconds to the point of tangency on the East right-of-way line of Northern Way (80 foot RJW); thence run
North 03 degrees 36 minutes 55 seconds West, along said East right-at-way line 90.78 feet to the point of curvature of
a curve concave Easterly and having a radius of 1893.55 feet; thence run Northerly along the arc of said curve 84.25
feet through a central angle of 02 degrees 32 minutes 57 seconds to a point; thence leaving said East right-of-way line,
run North 86 degrees 23 minutes 05 seconds East 270.83 feet to the point of curvature of a curve concave
Southwesterly, and having a radius of 27.83 feet; thence run Southeasterly along the arc of said curve 40.44 feet
through a central angle of 83 degrees 14 minutes 41 seconds to the point of tangency; thence run South 10 degrees 22
minutes 14 seconds East, 173.85 feet to a point on the aforesaid North right-at-way llne of Winter Springs Boulevard,
said point being on a curve concave Northerly, and having a radius of 1085.92 feet; thence from a tangent bearing of
South 82 degrees 16 minutes 07 seconds West, run Westerly along the arc of said curve and along said Northerly right-
of-way line 78.01 feet through a central angle of 04 degrees 06 minutes 58 seconds to the POINT OF BEGINNING.
Exhibit ~ A"
Tus~aw~Ua Situ are
.,'::'. ill.,,""" ","".., .1, ','.. I t, I..,.",,',
Concept Plan Summary
Location:
1301 Winter Springs Blvd
Winter Springs, FI. 32708
Land SU.e:
1.4112 Acres
Current Use:
Tuscany's Restaurant
Proposed Use:
ExpanSion ofTuscany's Restaurant
and additional retail space
Design l1'eatllres:
Key Westin spited Design ina residential scale,
FrontPorches, Metal Roofs, Brick drives, Fountain,
Gardens, Benches, and Bike Racks,
Improvements to
Gary IDDary Drive:
Add sidew!tlkS, address stonnwater
Drainage, Ughtipg, Landscaping and
Remediation of groundwater contamination
Architect:
Starmer Ranaldi
Land.pe Arebiteet: Dobson's
Owner:
Bryce Foster Corporation
EXHIBIT
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EXHIBIT "C"
Nl<:IGHBORHOOD FRIENDLY PERMITTED COMMERCIAL USES
The following No:ighborhood Friendly commercial uses shall be permitted on the Property:
A. PecmittedUses:
Administrative puhlic buildings
Adveliising agencies
Alcuholic beverage sales (wine & beer and specialty package)
Alcoholic beverage, un-premises consumption, in conjunction with restaurant
Alterations and tailoring, shops and service>
Antique and gift shops
Appliances, sales and service
Artists' studios
Automotive accessories sales
Bahry,relail
Bicycles, sales and servil.:o:s
Bookstores, stationary, newsstands
Butcher shop, retail only
Camera shops, photographic stores and developers
Cleaners, clothing
Coin dealers;
Comput<:rs, hardware and software sales and services
Confectionary and ico: cream store
Dance and music Mudio
Day nurseries, kindergartens, and day carc
Drug and sundry stores
Employment agencies
Excrciso: such as gym, spa and karate
Financial institutions, banks, savings and loans (no drive-through)
Flooring, retail only (carpet, lile, wood, ctc.)
Florist
Fumiture, retail
Grocers and delicatessens, specialty and retail
Hairstylist and harhcr shops
Hardwaro:stores
Health food products and services
Hobby and craft shops
Home Improvement shops, retail and consultation scrvicl,;s
----,--~-~---
Insurance agency
Interior Decoratillg uml draperit:s
Jewclrystore
Kitchen and other cabinet stores, retail
Libraries
Loan companies, excluding pawn~hops and title loan companies
Locksmith
Luggage and travel shop
Medicalclinicsandancillarysmalllahoratories
Musical instruments and recordings, sales and services
Nursery products and supplies, plants, and trees (retail only)
Ouldoor advertising and signs, sales office
Outdoor neighhorhood markets on weekends and holidays
Optical services and sales
Party supplies and services
Painlstore
Pet .~hops and grooming
Photography studios
Physiealfilnl:ss and hl:alth clubs
J'ostomcc
Printers, quick print ser....ices only
Professional services offices, such as acr.:ounlan(s, archiler.:ts, altorneys, bookkeepers, dr.:lllisls,
doctors, engineers, insurance and other agents, and surveyors.
Radio, TV, Stereo, and Video
Rental shops
Restaurants, including indoor allll uutdour dining
Retail sales ofa residential character
Schools, public, privFlte and parochial, vocational (such ilS cosmetology, medical and dental
assistant training) requiring no mechanical equipmellt
Shocrepairshops
Sporting goods, retail
Swimming pool sales and services
Telephone Business offices and exchanges
Tobacco shops
Toystorl:s
Travel agencies
Wearing apparel stores
B. Other Uses:
Upon fonnal written petition by the Developcr, tht: Developer may petition the City Commission
for additional pennitted uses. The City Commission may consider the Developer's petition, on a
case-by-case basis, and approve, at its discretion, additional neighborhood commercial Ilses that
are keeping with the residential character of the Tuskawilla PUD, The Cily Commission shall
have the right to impose reasonable conditions on any approvals granted under this Agreement.
May 9, 2005
PUTIUC HEARING ITEM 401
Page II ofl\
ATTACHMENT C
Site Plan & Building Elevations with Signage
Monument Sign, Dumpster Enclosure and Screen Wall